Utility Scale Wind Towers From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Final Determination of Less Than Fair Value Investigation and Notice of Amended Final Determination of Investigation, 30211-30212 [2015-12787]

Download as PDF Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices an adjustment, and found no basis for making such an adjustment to the companion AD rates under section 777(A)(f)(1)(b) of the Act.10 On May 7, 2015, the CIT sustained the Department’s Remand Redetermination.11 Statutory Notice The CIT’s May 7, 2015, judgment affirming the Remand Redetermination constitutes a final court decision that is not in harmony with the section 129 Final Determination. This notice is published in fulfillment of the statutory publication requirements. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c)(1) and 777(i)(1) of the Act. Dated: May 20, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–12786 Filed 5–26–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–814] Utility Scale Wind Towers From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Final Determination of Less Than Fair Value Investigation and Notice of Amended Final Determination of Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 11, 2015, the United States Court of International Trade (CIT or Court) issued final judgment in CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13–00102, affirming the Department of Commerce’s (the Department) final results of redetermination pursuant to remand. Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: 10 See ‘‘Redetermination Pursuant to Court Remand, Wheatland Tube Company v. United States, Consol. Court No. 12–00298, Slip Op. 14– 137,’’ (April 27, 2015) (Remand Redetermination). 11 See Wheatland Tube Company v. United States, Slip Op. 15–44, Consol. Court No. 12–00298 (CIT May 7, 2015). VerDate Sep<11>2014 16:45 May 26, 2015 Jkt 235001 is notifying the public that the final judgment in this case is not in harmony with the Department’s final determination in the less than fair value investigation on utility scale wind towers from the Socialist Republic of Vietnam, and is amending the final determination with respect to the CS Wind Group.1 DATES: Effective Date: May 21, 2015. Erin Kearney, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0167. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background On February 15, 2013, the Department published its amended final determination and antidumping duty order in this proceeding.2 The CS Wind Group appealed the Wind Towers Final Determination to the CIT, and on March 27, 2014, the CIT remanded the Wind Towers Final Determination to the Department to require the Department to: (1) Reconsider its valuation of steel plate, (2) reconsider its valuation of carbon dioxide, (3) reconsider the calculation of overhead expenses for surrogate financial ratios, specifically the treatment of jobwork charges and income line items, (4) re-determine the appropriate adjustment to the CS Wind Group’s U.S. sales prices to account for a discrepancy in the reported weights of wind towers, and 5) reconsider its calculation of brokerage and handling expenses.3 On July 29, 2014, the Department filed its results of redetermination pursuant to remand in accordance with the CIT’s order.4 On November 3, 2014, the CIT affirmed, in part, the Department’s Final First Redetermination, which resulted in a weighted-average dumping margin of 17.02 percent for the CS Wind 1 The CS Wind Group consists of CS Wind Vietnam Co., Ltd. and CS Wind Corporation. 2 See Utility Scale Wind Towers From the Socialist Republic of Vietnam: Final Determination of Sales at Less Than Fair Value, 77 FR 75984 (December 26, 2012), as amended by Utility Scale Wind Towers From the Socialist Republic of Vietnam: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 11150 (February 15, 2013) (Wind Towers Final Determination). 3 See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, 971 F. Supp. 2d 1271 (CIT 2014). 4 See Final Results of Redetermination Pursuant to Court Order, CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13–00102, Slip Op. 14–33, dated July 29, 2014 (Final First Redetermination). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 30211 Group.5 The Court remanded the Final First Redetermination to require the Department to reconsider its treatment of jobwork charges and income line items in calculating overhead expenses for surrogate financial ratios.6 In the Final Second Redetermination, the Department revised its calculation of certain surrogate financial ratios.7 The Court affirmed the Department’s second remand in its entirety on May 11, 2015, and entered judgment.8 Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s May 11, 2015, judgment affirming the Final Second Remand constitutes a final decision of that court that is not in harmony with the Wind Towers Final Determination. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court decision with respect to this litigation, the Department is amending the Wind Towers Final Determination with respect to the CS Wind Group’s dumping margin and cash deposit rate. The revised dumping margin and cash deposit rate for the CS Wind Group is 17.02 percent.9 Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. Cash Deposit Requirements In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection to collect a cash deposit of 17.02 percent for entries of subject merchandise produced and exported by 5 See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13– 00102, Slip Op. 14–128 (CIT November 3, 2014). 6 Id. 7 See Final Redetermination Pursuant to Court Order, CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13– 00102, Slip Op. 14–128, dated January 21, 2015 (Final Second Redetermination). 8 See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13– 00102, Slip Op. 15–45 (CIT May 11, 2015). 9 See Final Second Redetermination. E:\FR\FM\27MYN1.SGM 27MYN1 30212 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices the CS Wind Group, effective May 21, 2015. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c)(1), 735(d), 736(a) and 777(i)(1) of the Act. Dated: May 18, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XD953 Marine Mammals; File No. 19108 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that Daniel P. Costa, Ph.D., University of California at Santa Cruz, Long Marine Laboratory, 100 Shaffer Road, Santa Cruz, CA 95064, has applied in due form for a permit to conduct research on northern elephant seals (Mirounga angustirostris) throughout their range. DATES: Written, telefaxed, or email comments must be received on or before June 26, 2015. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the ‘‘Features’’ box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 19108 from the list of available applications. These documents are also available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376. Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include File No. 19108 in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation mstockstill on DSK4VPTVN1PROD with NOTICES VerDate Sep<11>2014 16:45 May 26, 2015 Jkt 235001 FOR FURTHER INFORMATION CONTACT: Amy Sloan or Brendan Hurley, (301) 427–8401. The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), and the regulations governing the taking and importing of marine mammals (50 CFR part 216). The applicant requests authorization to continue a long-term research program started in 1968 to study northern elephant seal population growth and status, reproductive strategies, behavioral and physiological adaptations for diving and fasting, general physiology and metabolism, and sensory physiology. Research methods include behavioral observations, marking, flipper tagging, capture and sampling, attachment of instrumentation for tracking, translocation studies, short-term captive holding for laboratory studies, use of hormone challenges and standard clinical tracer techniques for physiology studies, and acoustic studies. Research would include all age and sex classes of northern elephant seals over the entire calendar year. Proposed research locations include haul-out sites from California to Washington, but primarily ˜ Ano Nuevo. Incidental harassment and mortalities of northern elephant seals, and incidental harassment of California sea lions (Zalophus californianus), northern fur seals (Callorhinus ursinus), and Steller sea lions (Eumetopias jubatus) of the Eastern Distinct Population Segment is requested. The duration of the requested permit is five years. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors. SUPPLEMENTARY INFORMATION: [FR Doc. 2015–12787 Filed 5–26–15; 8:45 am] SUMMARY: Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Dated: May 19, 2015. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015–12745 Filed 5–26–15; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Western Pacific Fishery Management Council; Public Meetings; Addendum National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: Notice of public meetings and hearings. ACTION: The Western Pacific Fishery Management Council (Council) will hold meetings of its 119th Scientific and Statistical Committee (SSC) and its 163rd Council meeting to take actions on fishery management issues in the Western Pacific Region. The Council will also convene meetings of the Pelagic and International Standing Committee, Fishery Data Collection and Research Committee (FDCRC), Hawaii Standing Committee, and Executive and Budget Standing Committee. The omnibus amendment to establish the pacific islands annual catch limit specification process (action item) has been added to the 163rd meeting under 6.C.3. SUMMARY: The SSC meeting will be held between 8:30 a.m. and 5 p.m. on June 9–11, 2015. The Council’s Pelagic and International Standing Committee and the FDCRC meetings will be held between 10 a.m. and noon on June 15, 2015; Hawaii Standing Committee meeting will be held between 1 p.m. and 3 p.m. on June 15, 2015; Executive and Budget Standing Committee meeting will be held between 3 p.m. and 5 p.m. on June 15, 2015; and the 163rd Council meeting will be held between 8:30 a.m. and 5 p.m. on June 16–18, 2015. In addition, the Council will host a Fishers Forum on June 17, 2015, between 6 p.m. and 9 p.m. Location: The 119th SSC on June 9– 11, 2015, and the Pelagic and International Standing Committee, FDCRC, Hawaii Standing Committee, and Executive and Budget Standing Committee on June 15, 2015, will be held at the Council office in Honolulu, Hawaii. The Council Meeting on June 16–18, 2015, and the Fishers Forum on DATES: E:\FR\FM\27MYN1.SGM 27MYN1

Agencies

[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30211-30212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12787]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-814]


Utility Scale Wind Towers From the Socialist Republic of Vietnam: 
Notice of Court Decision Not in Harmony With the Final Determination of 
Less Than Fair Value Investigation and Notice of Amended Final 
Determination of Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 11, 2015, the United States Court of International 
Trade (CIT or Court) issued final judgment in CS Wind Vietnam Co., Ltd. 
and CS Wind Corporation v. United States, Consol. Court No. 13-00102, 
affirming the Department of Commerce's (the Department) final results 
of redetermination pursuant to remand.
    Consistent with the decision of the United States Court of Appeals 
for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 
337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. 
Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond 
Sawblades), the Department is notifying the public that the final 
judgment in this case is not in harmony with the Department's final 
determination in the less than fair value investigation on utility 
scale wind towers from the Socialist Republic of Vietnam, and is 
amending the final determination with respect to the CS Wind Group.\1\
---------------------------------------------------------------------------

    \1\ The CS Wind Group consists of CS Wind Vietnam Co., Ltd. and 
CS Wind Corporation.

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DATES: Effective Date: May 21, 2015.

FOR FURTHER INFORMATION CONTACT: Erin Kearney, Office IV, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-0167.

SUPPLEMENTARY INFORMATION:

Background

    On February 15, 2013, the Department published its amended final 
determination and antidumping duty order in this proceeding.\2\ The CS 
Wind Group appealed the Wind Towers Final Determination to the CIT, and 
on March 27, 2014, the CIT remanded the Wind Towers Final Determination 
to the Department to require the Department to: (1) Reconsider its 
valuation of steel plate, (2) reconsider its valuation of carbon 
dioxide, (3) reconsider the calculation of overhead expenses for 
surrogate financial ratios, specifically the treatment of jobwork 
charges and income line items, (4) re-determine the appropriate 
adjustment to the CS Wind Group's U.S. sales prices to account for a 
discrepancy in the reported weights of wind towers, and 5) reconsider 
its calculation of brokerage and handling expenses.\3\ On July 29, 
2014, the Department filed its results of redetermination pursuant to 
remand in accordance with the CIT's order.\4\
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    \2\ See Utility Scale Wind Towers From the Socialist Republic of 
Vietnam: Final Determination of Sales at Less Than Fair Value, 77 FR 
75984 (December 26, 2012), as amended by Utility Scale Wind Towers 
From the Socialist Republic of Vietnam: Amended Final Determination 
of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 
11150 (February 15, 2013) (Wind Towers Final Determination).
    \3\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. 
United States, 971 F. Supp. 2d 1271 (CIT 2014).
    \4\ See Final Results of Redetermination Pursuant to Court 
Order, CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United 
States, Consol. Court No. 13-00102, Slip Op. 14-33, dated July 29, 
2014 (Final First Redetermination).
---------------------------------------------------------------------------

    On November 3, 2014, the CIT affirmed, in part, the Department's 
Final First Redetermination, which resulted in a weighted-average 
dumping margin of 17.02 percent for the CS Wind Group.\5\ The Court 
remanded the Final First Redetermination to require the Department to 
reconsider its treatment of jobwork charges and income line items in 
calculating overhead expenses for surrogate financial ratios.\6\ In the 
Final Second Redetermination, the Department revised its calculation of 
certain surrogate financial ratios.\7\ The Court affirmed the 
Department's second remand in its entirety on May 11, 2015, and entered 
judgment.\8\
---------------------------------------------------------------------------

    \5\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. 
United States, Consol. Court No. 13-00102, Slip Op. 14-128 (CIT 
November 3, 2014).
    \6\ Id.
    \7\ See Final Redetermination Pursuant to Court Order, CS Wind 
Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. 
Court No. 13-00102, Slip Op. 14-128, dated January 21, 2015 (Final 
Second Redetermination).
    \8\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. 
United States, Consol. Court No. 13-00102, Slip Op. 15-45 (CIT May 
11, 2015).
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (the Act), the Department must publish a 
notice of a court decision that is not ``in harmony'' with a Department 
determination and must suspend liquidation of entries pending a 
``conclusive'' court decision. The CIT's May 11, 2015, judgment 
affirming the Final Second Remand constitutes a final decision of that 
court that is not in harmony with the Wind Towers Final Determination. 
This notice is published in fulfillment of the publication requirements 
of Timken.

Amended Final Results

    Because there is now a final court decision with respect to this 
litigation, the Department is amending the Wind Towers Final 
Determination with respect to the CS Wind Group's dumping margin and 
cash deposit rate. The revised dumping margin and cash deposit rate for 
the CS Wind Group is 17.02 percent.\9\
---------------------------------------------------------------------------

    \9\ See Final Second Redetermination.
---------------------------------------------------------------------------

    Accordingly, the Department will continue the suspension of 
liquidation of the subject merchandise pending the expiration of the 
period of appeal or, if appealed, pending a final and conclusive court 
decision.

Cash Deposit Requirements

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection to collect a cash 
deposit of 17.02 percent for entries of subject merchandise produced 
and exported by

[[Page 30212]]

the CS Wind Group, effective May 21, 2015.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c)(1), 735(d), 736(a) and 777(i)(1) of the Act.

    Dated: May 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-12787 Filed 5-26-15; 8:45 am]
 BILLING CODE 3510-DS-P

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